Changes in the 2024 IPC Section 104 Compared to the 2021 IPC

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General Overview:The 2024 IPC Section 104 has been updated and expanded to provide clearer guidelines and procedures for the duties and powers of the code official. Here are the key changes and additions:

New Sections and Subsections:​

1. 104.2 Determination of Compliance:
   • This new section grants the code official authority to determine compliance, render interpretations, and adopt policies.
   • Specific criteria for interpretations and policies are provided to ensure they align with the code’s intent and do not waive specified requirements.
2. 104.2.1 Listed Compliance:
   • New detailed requirements for listed compliance based on specified or approved listing standards.
   • Installation must adhere to listing standards and manufacturer’s instructions.
3. 104.2.2 Technical Assistance:
   • Introduces the requirement for owners or agents to provide technical opinions and reports.
   • Specifies that these must be prepared by qualified professionals and at no cost to the jurisdiction.
4. 104.2.3 Alternative Materials, Design, and Methods of Construction:
   • Detailed provisions for the approval of alternative materials, designs, and construction methods.
   • Includes equivalency criteria for quality, strength, effectiveness, durability, and safety, with specific mention of fire safety.
   • Adds sections on research reports, peer review, and fire tests for evaluating alternatives.
5. 104.2.4 Modifications:
   • Clarifies the authority of the code official to grant modifications due to practical difficulties.
   • Adds specific criteria for flood hazard areas, ensuring that modifications do not increase flood risks or violate laws.
6. 104.3 Applications and Permits:
   • Details on receiving applications, reviewing construction documents, issuing permits, and enforcing compliance.
   • New subsection (104.3.1) addresses substantial improvement or damage in flood hazard areas.
7. 104.4 Right of Entry:
   • Clarified and expanded provisions for the code official’s authority to enter premises for inspections.
   • Introduces procedures for obtaining warrants if entry is refused.
8. 104.7 Official Records:
   • Specifies the types of records to be maintained, including approvals, inspections, code alternatives, tests, and fees.
   • Sets a minimum retention period of 5 years or as long as the building exists.
9. 104.9 Approved Materials and Equipment:
   • Details the requirements for materials, equipment, and devices to be approved and installed according to the code official's standards.
   • Adds provisions for reusing materials and equipment.

Detailed Changes and Additions:​

1. New Subsections under 104.2 Determination of Compliance:
   • 104.2.1 Listed Compliance: Emphasizes compliance with listing standards and manufacturer’s instructions.
   • 104.2.2 Technical Assistance: Outlines the need for technical reports, qualifications of preparers, content of reports, and authority to require tests.
   • 104.2.3 Alternative Materials, Design, and Methods of Construction: Provides comprehensive guidelines for approving alternatives and includes detailed subsections on equivalency criteria, research reports, and peer reviews.
   • 104.2.4 Modifications: Adds criteria for granting modifications and special considerations for flood hazard areas.
2. Expanded Right of Entry (104.4):
   • More detailed procedures for gaining entry to inspect buildings, including obtaining warrants if necessary.
3. Detailed Record-Keeping Requirements (104.7):
   • Introduces subsections for maintaining records of approvals, inspections, code alternatives, tests, and fees.
4. Additional Liability and Legal Defense Provisions (104.8):
   • Clarifies the personal liability protections for code officials and the legal defense provided by the jurisdiction.
5. Reuse of Materials and Equipment (104.9):
   • Adds specific conditions under which materials and equipment can be reused, ensuring they are in good working condition and approved.

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